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Results for unfair dismissal

Showing 25-32 of 266 results
Benjamin Thomas v Matthew Scott and Patricia Scott trading as Infinity Dairy [2025] NZERA 592 - indefinite paid suspension over prescribed medicinal cannabis; employer silence led to constructive dismissal; $33,545.75 awarded plus $4,571.55 costs/fee

Benjamin Thomas was placed on an open-ended paid suspension after issues arose about his prescribed medicinal-cannabis use. The employer then failed to progress a meaningful investigation or communicate a pathway back to work, and Mr Thomas eventually resigned alleging constructive dismissal.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
MON v ALLIED AUTO PARTS LIMITED [2025] NZERA 590 - dismissal by text unjustified; no contribution

Allied Auto Parts dismissed Mr Mon by text message and required him to work out two weeks' notice. The employer later relied on concerns about working from home and other matters, but no proper disciplinary or dismissal process had been carried out.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
MTY v Transport (Waimate) Limited [2025] NZERA 510 - Unjustified dismissal upheld; $57,298.10 remedies (costs reserved)

A truck driver said Transport (Waimate) had effectively sent him away after a difficult meeting and then prevented a normal return to work. The employer maintained that he had resigned, making the central issue whether its actions objectively amounted to dismissal.

Matched passage: ... because untested allegations (for example drug use) were raised in evidence and could unfairly taint reputation. What the case was about The employee (a truck driver) raised a personal grievance for unjustified dismissal. The employer argued there had been no dismissal at ...
CULLY v THE WORK SHOP LIMITED (IN LIQUIDATION) [2025] NZERA 507 - constructive-dismissal and wage claims; $12,000 ordered

Mr Cully resigned from The Work Shop Limited and alleged the employer's breaches were serious enough to amount to constructive dismissal. He also sought unpaid wages and compensation, requiring the ERA to determine whether his resignation was legally attributable to the employer's conduct.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
LYONS v ROTORUA LAKES COUNCIL [2025] NZERA 467 - summary dismissal disproportionate; 100% contribution to compensation

Rotorua Lakes Council summarily dismissed recreation planner Richard Lyons after repeated absences and failures to communicate. Its own code classified the conduct as misconduct subject to a progressive warning process, rather than serious misconduct warranting immediate dismissal.

Matched passage: 55 Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
TONG v SHEFFIELD STEEL SERVICES LIMITED and Anor [2025] NZERA 460 - employer conduct caused constructive dismissal

Mr Tong's claims against Sheffield Steel arose after workplace difficulties, attempts to place him with another employer and the eventual end of his employment. He alleged both unjustified disadvantage and constructive dismissal.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
WRW v MCCARTHY ENTREPREISES LIMITED [2025] NZERA 452 - employer conduct caused constructive dismissal; no lost wages

WRW resigned after McCarthy Enterprises proposed changes to her work and the relationship deteriorated. The ERA had to decide whether the employer's conduct was sufficiently serious and causative to convert that resignation into a constructive dismissal and whether any wage loss was proved.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.
BRENNAN v STELLA 2020 LIMITED and Ors [2025] NZERA 449 - dismissal without fair process; compensation and lost wages

Ms Brennan's employment with Stella 2020 ended on 30 July 2024 without a fair disciplinary or dismissal process. The employer did not participate effectively in the ERA investigation, which proceeded on the evidence available to the Authority.

Matched passage: Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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